• Divorce within 6 months of marriage

My marriage took place on 4 jun 2014 in Kanpur UP.Wife is from other city.Very next day we could not tolerate each other bcoZ of small small things objected by her....we lived together for 2 months anyway.in between she became pregnant.But bcoZ of her health problems during pregnancy her brother took her to their parents home on 10 Aug 14  and because of her health complications she aborted the child as suggested by doctors for her gud health without taking any concern from me and my signature on abortion form.
....After that I decided to divorce her and she  is also agree for that but demanded 7 lacs rs as alimony and one time settlement otherwise threatened us that she will file dv case and dowry case like 498 or else. after intervention of comman relatives we agreed at 4.5 lacs rupees.
But I want to give money through court or in legal way so that again they shouldn't create problems.My questions are...
1:- Can I file divorce as we have completed only 6 months.
2:- how can we pay her in legal way? As they are telling to make payment by anyway without delay on 100 rs stamp paper with witnesses.
3:- we are ready for mutual consent but they are not ready to wait for filing of MCD after 1 year of marriage and face 6 months cooling period.
4:- suggest any legal way to make payment... And divorce b4 one year as I m ready to pay to get rid of this problem.
Asked 2 years ago in Family Law from Kanpur, Uttar Pradesh
Religion: Hindu
1) you cant file for divorce unless period of one year has elapsed from date of marriage except in exceptional circumstances

2) wait for 6 months then file for divorce by mutual consent . 

3)dont make any payment now . at time of filing for divorce you can pay her 20%of amount balance 80%at time of second motion ie grant of divorce 

4)your wife has no option but to wait as legally no petition can be filed unless 1 year has elapsed from date of marriage 

5)if you make payment now there is no guarantee that your wife will agree for divorce by mutual consent later . she may fail to attend court after filing of petition or with draw her consent  and your  divorce petition would be dismissed
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
1. No. You shall have to wait for 1 year after your marriage  for filing divorce petition,

2. It will be prudent on your part to file MCD after one year vof marriage and pay the amount by DD on the day of the 2nd motion as otherwise she can refuse to attend the 2nd motion after taking the money from you and claim further amount,

3. You shall have to wait for 1 year after marriage. You have no other option left with you,

4. File MCD after completing 1 year of her being seperated from you ( you can show that after 7 days she left your house) and  pay the demanded amount through DD at the Court on the day of the 2nd motion.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Without expiry of one yer mutual divorce can not happen.
2. Any payment made in terms of the mutual divorce should be made in 2 instalments, one at the time of fling the petition and another at the time of final hearing.
3.Nothing can be done as law takes its own course unconnected with the wish or desire of its subjects
4.Reply on this point is already made above.
Devajyoti Barman
Advocate, Kolkata
5169 Answers
54 Consultations
4.9 on 5.0
Dear Querist
my opinion on your queries are as under:

1:- Can I file divorce as we have completed only 6 months.
Opinion: Yes you may file the divorce petition before completion of one year, you have to file an application u/s 14 of Hindu Marriage Act,1955 along with your divorce petition.

2:- how can we pay her in legal way? As they are telling to make payment by anyway without delay on 100 Rs. stamp paper with witnesses.
Opinion: Execute a MOU/Compromise Deed and mentioned all the terms and condition of the case and payment in the MOU/Compromise Deed and pay the amount before family court at the time of first motion and second motion via Demand Draft/Cheque.

3:- we are ready for mutual consent but they are not ready to wait for filing of MCD after 1 year of marriage and face 6 months cooling period.
Opinion: Six month of cooling period may be waived off by HC or SC, on filing of an application u/s 151 of CPC before family court.

4:- suggest any legal way to make payment... And divorce b4 one year as I m ready to pay to get rid of this problem.

Opinion: As above
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Hi, under some exceptional circumstance you can file a divorce petition with in six months as per section 14 of the Hindu Marriage Act however you have to wait 1 year and file a petition for divorce under mutual consent and pay the all the amount by way of DD or cheques before the court only.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi
Your case does not come under any exceptional category to file under sec.14 of Hindu marriage act, so wait till june wait till june 2015 to file a mutual consent divorce, if both parties are desirous of  signing a consent Term of payments of alimony and maintenance payment towards the final settlement, you can prepare that and sign it with the help of an Advocate.
Do not make any payments now before filing the petition, offer to pay it in installments, and make the last part on the date of final order. This can be mentioned in the consent Terms and the same can be filed in the court.
You can chose the payment mode as cheque, pay order, D.D etc to have the record.
If already a negotiation has take place for settlement, this can be reduced into writing as  a Terms of agreement however it is not advised to make any payments towards alimony, as any of theses agreements terms and conditions you prepared will not stop from taking legal steps against each other.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Divorce cannot, save in exceptional circumstances, be filed unless a year has elapsed as from the date of marriage. Your case does not come within the ambit of the circumstances envisaged by the law which allow the filing of divorce before a year. So in order to file for divorce you have to inevitably wait for the marriage to complete a year.

2. If you are willing to pay to her the money demanded by her then both of you can file for mutual divorce after a year. You should pay 40% of the amount at the time of the first hearing and the remaining amount after the divorce is finalized. 

3. Do not pay any money outside the court as your wife may not even agree to file for divorce or come to the court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
By this time you might be knowing what to do.  

My only advise is lock her with an agreement for 4.5 lakhs.  Because later her lawyer may advice her to demand more.

You need to do all this as a mutual consent signed by both of you and filing the divorce petition in the family court. 

No need to wait for one year.  Since this becomes a record for you later even if the petition is rejected now.  The signed agreement becomes important.
Bhaskaran
Advocate, Bangalore
21 Answers
0 Consultations
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